Page:Federal Reporter, 1st Series, Volume 9.djvu/214

 NEW IOEK BUNG & BUSHING 00. V. HOKFMAN. 199 �repealed, it follows that it was then "pending" within the meaning of the repealing act cf June 7, 1878, (20 St. at Large, 99,) and that proceedings thereaf ter in it are not affected by such repeal. �The applicants present a petition alleging the same acta of bank- ruptoy chargedin the original petition and amendment, and leave is given to file the same, �Note. See, also, in su'pf)ort of decision in foregoing case, Re Bunoan, 8 Ben. 365; lie Frisbee, 14 Blatchf. 185; Ferin v. Peale, 17 B. E. 377; Las- trapes v. Blano, 3 Woods, 134 ; Re Mendenhall, 9 B. E. 380 ; Be Rebmeister, 15 Blatchf. 467;'Bump, Bankruptey, (lOtli Ed.) 47-48, 468-469, and cases cited. That the number and amount is a jurisdictional fact, see Re Rosenfields, 11 B, K. 86 ; ^ Burch, 10 B. E, l50.— [Rep. ���New York Bong & Bushing Co. v. Hoffman. IGircuit Court, S. D. New York. September 29, 1881.) �1. Rbissub — Too Bhoad— Invalid. �Where the original patent is for a particular form of wooden bushing in an iron one, a reissue for any form is broader than the original, and invalid. �2. Lettbrs Patent — Bushings fou Pauqet-Holes. �Reissued letters patent No. 8,483, foi- an improvement in hushings for faucet- holes, is invalid. �In Equity. �WyUis Hodges, for plaintiff. �Preston Stevenson, for defendant. �Wheeleb, D. J. This suit is brought upon letters patent No. 141,473, dated August 5, 1873, issued to Samuel E. Thompson for an improvement in bushings forfaucet holes, and reissued Noyember 12, 1878, in No. 8,483, to William G. McKean, George H. Jackson, and Jefferson Brown, Jr.,. assignees, and now ownsd by the plaintiff. The principal defences set up are that the original patent was void for want of novelty ; that the reissue is for an invention different from that described in the original; and that the defendant, in what he does, does not infringe. The only anticipations necessary to be noticed are — �The Englisli patent to William Ilowland Taylor, dated August 6, 1864, and sealed February 3, 1865, for, among other things, the employinent in beer barrels of peg holes, smallest in the middle of the stave, and conical both out- ward and inward; the patent of the United States to John Ruegg, assigner to J. G. Marriott, No. 70,024, dated October 22, 1867, for a wooden bung. ��� �